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MYERS v. KANSAS DEPT. OF SRS

No. 68,770

254 Kan. 467 (1994)

866 P.2d 1052

DARRELL EDWARD MYERS, JR., Appellee, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellant.

Supreme Court of Kansas.

Opinion filed January 21, 1994.

Attorney(s) appearing for the Case

Barbara J. Steele, of Kansas Department of Social and Rehabilitation Services, of Olathe, argued the cause and was on the briefs for appellant.

Steven M. Goe, of Holbrook, Heaven & Fay, P.A., of Merriam, argued the cause, and Lewis A. Heaven, Jr., of the same firm, was with him on the briefs for appellee.

The opinion of the court was delivered by

HOLMES, C.J.:

The Kansas Department of Social and Rehabilitation Services (SRS) appeals from a judgment of the district court holding Darrell E. Myers, Jr., was the beneficiary of a discretionary trust and that the assets of the trust could not be considered as resources available to Myers in determining whether he was eligible for medical assistance. The Court of Appeals affirmed the judgment of the district court...

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